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2018.12.18 PC
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2018.12.18 PC
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before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be <br />published in a newspaper of general circulation in the City on or before August 15. <br />If the City fails to make a disclosure or submit a report containing the information required by M.S., Section <br />469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the <br />distribution of tax increment from the District. <br />Subsection 2-24. Reasonable Expectations <br />As required by the TIF Act, in establishing the District, the determination was made that the anticipated <br />development would not reasonably be expected to occur solely through private investment within the <br />reasonably foreseeable future and that the increased market value of the site that could reasonably be expected <br />to occur without the use of tax increment financing would be less than the increase in the market value <br />estimated to result from the proposed development after subtracting the present value of the projected tax <br />increments for the maximum duration of the District permitted by the TIF Plan. In making said <br />determination, reliance was placed upon written representation made by the developer(s) to such effects and <br />upon City staff awareness of the feasibility of developing the project site(s) within the District. A <br />comparative analysis of estimated market values both with and without establishment of the District and the <br />use of tax increments was performed as described above. Such analysis is included in the original TIF Plan <br />with modifications in Appendix A, and indicated that the increase in estimated market value of the proposed <br />development (less the indicated subtractions) exceeded the estimated market value of the site absent the <br />establishment of the District and the use of tax increments. <br />Subsection 2-25. Other Limitations on the Use of Tax Increment <br />1.General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF <br />Plan. The revenues shall be used to finance, or otherwise pay the capital and administration costs of <br />Development District No. 1 pursuant to M.S., Sections 469.124 to 469.134. Tax increments may not be <br />used to circumvent existing levy limit law. No tax increment may be used for the acquisition, <br />construction, renovation, operation, or maintenance of a building to be used primarily and regularly for <br />conducting the business of a municipality, county, school district, or any other local unit of government <br />or the state or federal government. This provision does not prohibit the use of revenues derived from tax <br />increments for the construction or renovation of a parking structure. <br />2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on <br />activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance <br />activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not <br />more than 25 percent of said tax increments may be expended, through a development fund or otherwise, <br />on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced <br />bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they <br />were solely for activities outside of the District. <br />In 2008 Session Laws (Chapter 366, Article 5, Section 24), the Minnesota Legislature allowed <br />pooling from this district to TIF Districts #31 & #32 in the Northwest Quadrant (New Brighton <br />Exchange). <br />Subdivision. 1. Expenditures outside district. Notwithstanding the provisions of Minnesota Statutes <br />sections 469.176, subdivision 4d, and 469.1763 subdivision 2, or any other law to the contrary, the <br />city of New Brighton may expend increments generated from its tax increment financing districts 9, <br />20, and 26. The increments may be used to pay for eligible expenses as permitted by Minnesota <br />City of New Brighton <br />Modification to the Tax Increment Financing Plan for TIF District No. 26: Brighton Corporate Business Park III 2-12
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